RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04498

   	COUNSEL: 

	HEARING:  YES 

APPLICANT’S REQUEST.  His military medical records be corrected to show he sustained a head injury during a rocket attack in Iraq on 21 Jan 10, and he sought medical treatment for the injury right after the incident.  

APPLICANT’S CONTENTION.  He was injured during a rocket attack in Iraq, but his request for combat related special compensation (CRSC) has only been partially approved due to lack of documentation.  He reported to the medical clinic as required upon injury, and that fact was documented on his second visit to the clinic on 19 Feb 10 as evidenced by the statement “he was seen here right after the incident and given some meclizine” (a drug often prescribed for vertigo.)  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant retired from the AF Reserve in the grade of master sergeant (MSgt).  

On 19 Feb 10, the applicant reported to the medical clinic complaining of vertigo.  The attending physician stated about 4 weeks ago the applicant was struck on the right cheek bone by a 5 or 6 pound metal object while he was working, he was seen in the clinic right after the incident, and was given the medication meclizine.  

On 22 Nov 13, the applicant was awarded the Purple Heart for wounds received in action on 21 Jan 10.  

On 4 Jun 14, the Informal Physical Evaluation Board (IPEB) diagnosed the applicant as having Traumatic Brain Injury (TBI) with Residual Peripheral Vertigo (Combat Related), which was found to be unfitting for further military service, and he was recommended for permanent retirement with a 30 percent disability rating.  

Under Special Order ACD-02710, dated 10 Jul 14, the applicant was permanently disability retired in the grade of MSgt with a compensable physical disability rating of 30 percent, effective 28 Jul 14.  His disability was determined to be the direct result of a combat related injury.  

According to the documentation submitted by the applicant, on 11 Jan 16, AFPC approved his claim for CRSC for Post-Traumatic Stress Disorder (PTSD) and Tinnitus, but denied CRSC for his Traumatic Arthritis, Vertigo, TBI, or headaches.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFDC recommends denying the application.  The applicant’s initial claim for CRSC in Dec 15 was partially approved, but he was denied CRSC for Traumatic Arthritis, Vertigo, TBI, and Headaches due to insufficient documentation.  In Mar 16, the applicant reapplied, and was again denied for insufficient documentation.  While the Physical Evaluation Board (PEB) found these injuries to be combat related, their decision does not automatically qualify a disability as combat-related under the CRSC program.  CRSC standards are much more rigorous.  AFPC looks at what caused the condition, the activities taking place at the time, and the resulting disability.  Many disabilities are not approved for compensation under this program.  The new information the applicant provided is from treatment he received on 19 Feb 10, and the record shows the applicant stated to the doctor “about 4 weeks ago a 5 or 6lb metal object fell and hit him over his R (right) cheek bone while he was working.”  The attending doctor’s assess was “Not Work Related; Not Battle Related; Category Injuries, Work/Training Cause:  Non-Battle Injury.”  To grant relief would be contrary to the criteria established by Title 10 United States Code (USC), Section 1413a and Office of the Under Secretary of Defense guidance. 

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 23 Oct 17 for comment (Exhibit D), and the applicant replied on 17 Nov 17.  In his response, he points out he is not seeking additional CRSC compensation now, but is requesting his service records be corrected.  He reiterates his contention that on his second visit to the clinic, they found evidence of his having signed in for his first visit, but the attending physician’s notes could not be found.  He further contends he met the criteria of Title 10 United States Code (USC), Section 1413a, and calls into question the validity of the assessment made by the attending physician who treated him on 19 Feb 10.  Multiple service members provided witness statements as to the cause of his injuries, and cognitive tests given prior to deployment and post deployment confirm loss of cognitive function.  

The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.

THE BOARD RECOMMENDS:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04498 in Executive Session on 8 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Applicant’s application, DD Form 149, dated 23 Sep 16, w/atchs.
Exhibit B:  Documentary evidence, including excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DPFDC, dated 5 Oct 17.
Exhibit D:  Notification of Advisory, SAF/MRBR to applicant, dated 23 Oct 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 17 Nov 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.